Learned counsel for the appellant is present.
2. At the time of admission, we have heard the learned counsel for the appellant and perused the copy of the impugned order. From the impugned order, it appears that the OP – appellant was set ex parte.
3. Learned counsel for the appellant in support of the appeal memo submitted that they have appeared before the learned District Forum but subsequent date of hearing could not be intimated to them. It is also submitted by him that they filed written version before the learned District Forum. On the next date of hearing, they could not appear due to lack of communication and continuance of lockdown period.
4. Since the lockdown period is continuing and impugned order was passed on 28.7.2020 and the appellant was not given opportunity to adduce evidence although filed written version, we think it proper to set aside the impugned order and remand the matter to the District Forum for disposal on merit.
5. In view of above, at the stage of admission, the appeal is remanded to the learned District Forum for giving opportunities to both the parties to adduce evidence, if any and dispose of the case on merit on the evidence proved before it within 30 days from the date of receipt of this order without being influenced by any of observations made in this order.
6. In the result, the impugned order is set aside and the appeal is allowed.
Free copy of this order be granted in favour of the learned counsel for the appellant to produce the same before the learned District Forum on 20.10.2020 to receive further instruction from it.
The statutory amount deposited be refunded to the appellant with interest accrued thereon, if any on proper identification.
